Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possessing and trafficking of narcotics---Bail, grant of---Further inquiry---Both co-accused had already been enlarged on bail---No criminal record of accused existed and she was never challaned in any criminal case---Averments of FIR were silent as to in which shape alleged charas was recovered---Record though did not show that nine pieces of charas were recovered from the possession of accused, but Chemical Examiner had mentioned that nine pieces of charas were examined by him---Recovered charas was also not weighed at the spot and total weight was mentioned approximately, which required serious consideration---Investigation had already been completed, and accused was no more required for investigation---Bail could not be withheld as matter of punishment---Trial could not be concluded within time, due to non-production of under trial prisoner and non-availability of witnesses---After lapse of six months not a single witness had been examined by the prosecution---Complainant, despite prior information neither associated any independent witness, nor he made any serious efforts to hire public person to maintain the transparency of recovery---Accused being a lady of old age was entitled for concession of bail---Accused had made out a case for grant of bail on the ground of further inquiry, she was admitted to post-arrest bail, in circumstances. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:---.--- Through captioned post arrest bail application, applicant Mst. Shahzadi alias Amirzadi has impugned order dated 22.09.2015, passed by the Court of learned Ist Additional Sessions Judge/Special Judge CNS, Khairpur, whereby her bail application was declined. 2. Relevant facts spelt out from instant FIR are that on fateful day complainant Inspector Abdul Sattar Phul received spy information, apprehended three female culprits and recovered 1200 grams Charas from Mst. Shabana, 1330 grams Charas from Mst. Rukhsana and 1800 grams Charas from Mst. Shahzadi alias Amirzadi; hence instant FIR. 3. Learned counsel for applicant contended that applicant is innocent and…

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